Resolution - 2021-60RESOLUTION NO.2021-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, DECLARING ITS
INTENTION TO LEVY AN ASSESSMENT WITHIN THE
BUSINESS IMPROVEMENT AREA KNOWN AS THE WEST
COVINA AUTO PLAZA BUSINESS IMPROVEMENT
DISTRICT FOR FISCAL YEAR 2021-22 AND SETTING THE
TIME AND PLACE FOR A PUBLIC HEARING THEREON
WHEREAS, in adopting the Parking and Business Improvement Area Law of 1989
(Streets & Highways Code sections 36500 et seq.), the California Legislature authorized cities to
levy assessments on businesses in order to promote economic revitalization and tourism, create
jobs, attract new businesses, and prevent erosion of business districts; and
WHEREAS, on June I, 1993, the City Council adopted Ordinance No. 1923, which
established the West Covina Auto Plaza Business Improvement District ("District') for purposes
of levying an assessment within the District to fund the construction, operation and maintenance
ofan electronic readerboard to be located adjacent to the I-10 freeway and benefit the West Covina
Auto Plaza dealerships to be assessed. The District was established with one hundred percent
(100%) property owner consent; and
WHEREAS, on April 19, 1994, the City Council appointed the owners and/or their
representatives of the auto dealerships located in the West Covina Auto Plaza as the advisory board
of the District as required by Streets and Highways Code section 36530 ("Advisory Board"); and
WHEREAS, the Advisory Board has caused the annual report for Fiscal Year 2021-22
required by Streets and Highways Code section 36533 to be prepared and filed with the City Clerk;
and
WHEREAS, the City Council has approved said annual report; and
WHEREAS, the City Council proposes to levy and collect assessments within the District
for Fiscal Year 2021-22; and
WHEREAS, this Resolution of Intention will commence proceedings under the Parking
and Business Improvement Area Law of 1989 to levy the annual assessment for the West Covina
Auto Plaza Business Improvement District for the 2021-22Fiscal Year.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Intention; Assessment. The City Council hereby declares its intention to
levy and collect assessments in the West Covina Auto Plaza Business Improvement District for
Fiscal Year 2021-22 pursuant to Streets & Highways Code sections 36500 et seq. The boundaries
ofthe West Covina Auto Plaza Business Improvement District are set forth in Exhibit A, attached
hereto and incorporated herein. The proposed amount of the annual assessment is $16,524.00.
Pursuant to Streets & Highways Code section 36531, new businesses commenced after the
efrective date ofthe resolution levying the assessment will be exempt from the levy of assessment.
SECTION 2. Annual Report. An annual report on the West Covina Auto Plaza Business
Improvement District has been prepared by the Advisory Board, as required by Streets &
Highways Code sections 36533 and 36534. Said report is on file in the City Clerk's Office.
SECTION 3. Types of Activities to Be Funded. The proposed use of the assessment
revenue collected through the levy of the annual assessment is for financing the operation and
maintenance of an LED readerboard sign located in the West Covina Auto Plaza adjacent to the
San Bernardino Interstate 10 Freeway as well as financing of the operation and maintenance costs
for the entry monument to the Auto Plaza, which includes the sign and landscaping located at the
southwest corner of Azusa Avenue and Garvey Avenue South. The assessment revenue is also
proposed to be used to finance landscape maintenance along Interstate 10 Freeway immediately
facing and parallel to the dealerships located within the West Covina Auto Plaza Business
Improvement District.
SECTION 4. Method and Basis of Lew. The method and basis of levying the assessment
will be pursuant to Ordinance No, 1923, which was adopted by the City Council on June 1, 1993.
SECTION 5. Time and Place of Public Hearing. The time and place of the public hearing
on the levy of an annual assessment for Fiscal Year 2021-22 shall be 7:40 p.m. on July 6, 2021, in
the City Council Chambers located at 1444 W. Garvey Avenue South, West Covina, California.
At the public hearing set forth above, the testimony of all interested persons for or against the
annual levy of the assessment for the West Covina Auto Plaza Business Improvement District, the
extent of the area, and/or the fwnishing of specific types of improvements or activities will be
heard by the City Council.
SECTION 6. Protests. Consistent with Streets & Highways Code sections 36524 and
36525, the following rules shall apply to all protests:
(a) A protest may be made orally or in writing by any interested person. Any protest
pertaining to the regularity or sufficiency ofthe proceedings shall be in writing and
shall clearly set forth the irregularity or defect to which the objection is made.
(b) Every written protest shall be filed with the City Clerk's Office, West Covina City
Hall, 1444 West Garvey Avenue South, West Covina, California 91790, at or
before the time fixed for the public hearing as set forth above.
(c) The City Council may waive any irregularity in the form or content of any written
protest, and, at the public hearing, may correct minor defects in the proceedings.
(d) A written protest may be withdrawn in writing at any time before the conclusion of
the public hearing.
(e) Each written protest shall contain a description of the business in which the person
subscribing the protest is interested sufficient to identify the business and, if a
person subscribing is not shown on the official records of the City as the owner of
the business, the protest shall contain or be accompanied by written evidence that
the person subscribing is the owner of the business. A written protest which does
not comply with this section shall not be counted in determining a majority protest.
(0 If written protests are received fi•om the owners of businesses in the District which
will pay fifty percent (50%) or more of the assessments to be levied and protests
are not withdrawn so as to reduce the protests to less than the fifty percent (50°/u),
no further proceedings on the proposal to continue to levy the assessment, as
specified by this Resolution, shall be taken by the City Council for a period of one
year from the date of the filing of a majority protest.
(g) If the majority protest is only against the fiunishing of a specified type or types of
improvement or activity within the District, those types of improvements or
activities shall be eliminated.
SECTION 7. Additional Information. Any person seeking additional information may
contact Paulin Morales, Assistant City Manager, 1444 West Garvey Avenue South, Room 205,
West Covina, California 91790; Telephone Number: (626) 939-8417.
SECTION 8. Publication. The City Clerk shall cause this Resolution of Intention to be
published once in a newspaper of general circulation in the City at least seven (7) days before the
July 6, 2021 public hearing.
SECTION 9. Certification: Effective Date. The City Clerk shall certify to the adoption
ofthis Resolution and shall enter the same in the bookoforiginal resolutions and it shall become
effective immediately.
APPROVED AND ADOPTED this 15th day of June, 2021.
APPROVED MJO FORM ATTEST
For;
"Thomas P. DuWe Lisa Sh n•ic <
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK ofthe City of West Covina, California,
do hereby certify that the foregoing Resolution No. 2021-60 was duly adopted by the City Council
of the City of West Covina, California, at a regular meeting thereof held on the 15th day of June,
2021, by the following vote of the City Council:
AYES: Castellanos, Diaz, Lopez-Viado,Tabatabai, Wu
NOES: None
ABSENT: None
ABSTAIN: None
Lisa Sherricic
Assistant City Clerk